RETALIATION: Complaints against ambulance service volunteer EMT stemming from denial of request to provide Narcan training properly rejected by HRC… Breuner affirmed (memorandum). [Read more…]
Marital, modified child support prior to CSSD notice
MARITAL: Modified child support properly ordered prior to wife receiving notice from CSSD… Menahan affirmed. [Read more…]
Easement, permissive, $15,000 trespass, $15,000 assault
EASEMENT: Use of road permissive, no prescriptive easement… $15,000 trespass damages to Plaintiff, $15,000 civil assault damages to Defendant… McMahon affirmed (memorandum). [Read more…]
Easement, landlocked river properties, $96,650 fees cut
EASEMENT: Implied easement by preexisting use properly found for residential use of landlocked river properties that have no other means of access but improperly found to extend to other HOA members… all HOA members properly found to have prescriptive easement for residential and recreation… easement for use by public improperly found as HOA did not assert its claim on behalf of the public… UDJA appropriate for HOA to seek attorney fees for easement claims, but $96,650.18 attorney fees/costs improperly awarded as both parties had good faith beliefs supporting their claims and insufficient evidence of unequal footing… Pinski affirmed, reversed. [Read more…]
Failure to prosecute 2007 horse injury suit
FAILURE TO PROSECUTE: 2007 horse injury suit properly dismissed for inaction… Menahan affirmed (memorandum). [Read more…]
Marital, common law marriage, California v. Montana
MARITAL: Common law marriage properly found to have commenced in 1977 in California, not 1989 upon move to Montana… Gilbert affirmed (IOR I-3(c)). [Read more…]
Easement, landlocked river property
EASEMENT: Implied/prescriptive easements established over road through private river property for residential/recreation use for otherwise landlocked properties… Pinski. [Read more…]
$37,343.50 verdict, service dog deposit
VERDICT: $37,343.50, housing disability discrimination, charging $1,000 deposit for service animal. [Read more…]
Marital, wife’s premarital assets, maintenance/fees
MARITAL: Wife’s substantial premarital assets properly excluded from estate… handyman husband denied maintenance/fees… Cooney affirmed. [Read more…]
Prescriptive easement, width for mining machines
PRESCRIPTIVE EASEMENT: Width established as 14 feet to accommodate widest mining machine, but gates must be removed or relocated if necessary to get machines through… fees properly denied Claim Owners… Tucker affirmed, reversed (IOR I-3(c)). [Read more…]